RULE
OF LAW VERSUS RULE OF JUSTICE
COURTS
ETC; ARE NOT LAW MAKERS
CRIME
BY UN- HABITUAL CRIMINAL
FREE
LEGAL SERVICES AND LOK ADALATS
NO
COMPULSION TO GIVE EVIDENCE AGAINST ITSELF.
NO
VALUE IN LAW OF CONFESSION BEFORE POLICE.
BAIL
REQUIRED - IF YOU WANTED TO CONTEST IN COURT
THERE
ARE LAW MANIPULATORS – NOT OWNERS OF LAW
Many People think corruption our biggest weakness some think other matters our weakness. The writer of this line is not agreeable with them. In my view our biggest weakness is ‘WE ARE NOT INTRESTED IN HARD WORK ‘we want every thing by doing nothing. We wanted all rights but run away from our duties. We want rights without any accountability. We do not understand our duties. The whole country is in the grip of laziness. While working we do not apply our mind and intelligence.
Our system and persons sitting on higher benches of power are responsible for this and without change in their mind set up and hard work by them it is difficult to conquer our this biggest weakness.
Our law system is also in grip of this weakness.
This programme intends to give you knowledge about
law but you do not become an Advocate after reading it. It is not so difficult
to appear in any court. Many Judges hear the case very attentively if pleaded
by person himself without being an Advocate. Many time such person win the case
also. It is advisable to take help of an Advocate specially in complicated
matter.
Choosing an Advocate is a major thing in a case. Always go for serious and good reputed Advocates. Avoid Advocates with touts and over cleverness.
RULE
OF LAW VERSUS RULE OF JUSTICE:
[1] Only Rule of Law does not always means Rule of Justice. During British Rule Mahatma Gandhi, Pandit Nehru’s, Sardar Patel etc Leaders all were imprisoned under some Law. If it can be said Rule of Justice?
Many times Law favours the MEN IN POWER
Mainly State bears the expenses to punish a criminal. Police force get its salary from Government, during trial in Court Public Prosecutor get its salary from Government Judges are also paid from Government Fund.
A private person can also make a complaint directly in the court against any crime. Here he had to bear the expenses of Advocate and some other Court Expenses etc;
Judiciary, other Constitutional Agencies, Government Agencies are not Law Makers they have no right to take any decision at their Will. They all work under Law and act according to law.
Judiciary has excusive power to define the law. Supreme Court is final Authority for this.
Our Law is soft on crimes without bad intention or in many cases crime because of negligence but without bad intention. In such cases soft punishment are prescribed in Law. Most of such cases are decided with fine as punishment.
CRIME BY UN-
HABITUAL CRIMINAL:
The law has made provisions for persons who are not habitual criminal. They are given relaxations in punishments. The probationer of Offenders Act 1958 deals with this matter.
This Act empowers the Courts to release offenders, which are found guilty of certain offences (mainly of not big offences). After giving the warning on probation of good conduct.
The provision of appointing probation Officer is also in this Act. If any offender fails to obey the condition of good conduct, he can be arrested and sentenced for his original offence.
The law has also provided for free legal services if a person who is not in financial position to take service of an Advocate. Free legal Aid is provided to him under legal services Authorities Act- 1987.
The Act provides free legal services to the weaker section of society. It also has provisions for Lok Adalat.
Legal Services Authorities are created on All India basis, State basis, District basis and Taluq basis. Chief Justice of Indian and Chief Justice of State High Court are made patron-in-Chief of National State Legal Services Authorities respectively.
A CRIMINAL CASE starts with occurrence of any activity described crime by any law The Code of Criminal Procedure describes the path to punish. The Indian Evidence Act describes how to and what to prove regarding to crime for punishment. The quantum of punishment is given within limitations and according to Law.
The first schedule of Code of Criminal Procedure classifies the offences .In
two categories. Cognizable or non cognizable and bailable or non bailable. In
Cognizable crimes Police is main authority to inquire and prosecute the
criminal .The Police is empowered to arrest without warrant in cognizable
cases. In non-cognizable cases Police can inquire only after permission from
Magistrate and arrest with warrant. In bailable cases a person is entitled to
bail after his arrest. Police can take this bail also. In non-bailable cases
normally Court grants bail in its discretion.
In cognizable cases Police register ‘First Information Report [F.I.R.]’If Police refuses to register F.I.R. One can send its complaint in writing by post to District Superintendent of Police. Courts including Courts of Magistrates are also authorised to order Police to register F.I.R. if complainant approach them.
Police enquires about the alleged offences in F.I.R. Police Officer enquiring can ask any person to appear before him for inquiry. In case of women and Children no Police Officer can call them to Police Station or anywhere else for inquiry, they can only be enquired at their home.
If after Enquiry Police found no evidence of crime as alleged in complaint/F.I.R. It prepares cancellation report and send it to Magistrate. Magistrate after giving opportunity to complainant decides whether to cancel or to take any other action on F.I.R. This is special to reference that an F.I.R. ONCE REGISTERED CAN ONLY BE CANCELLED BY MAGISTRATE and before canceling it a reasonable opportunity for filing objections is given to complainant. .
If after enquiry the allegations found true the accused is arrested .In case of bail he is released otherwise he is kept under custody.
Any person arrested for crime is produced before Magistrate with in 24 hours of its arrest and he can be further kept in custody only after the Magistrate order
The Police put up charge sheet against accused in the court. Public Prosecutor does Court proceedings against accused.
The Court first considers the charge sheet, if it found accusation not sustainable as per law. It discharges the accused and close the case. Court also supplies the copy of charge sheet to accuse. The charge sheet contain all matter including witnesses, statements etc by which Police found allegations true. If court found charges prima facie sustainable it asks accused if he pleads guilty or wanted to contest the case. If accused pleads guilty Court award punishment according to law.
If accused pleads for contesting the case. The court asks Prosecution to prove its allegations The accused has right to cross-examine any witness produced by Prosecution. After that accused is given opportunity to defend. At the last stage both parties give arguments regarding the case.
If after hearing the case court found allegations against accused true without any reasonable doubt it punish the accused. Otherwise it acquits the accused. The court if at any stage of case found charges baseless or unsustainable it can acquit the accused Provisions are also made for compensation to accused for a complaint without any reasonable base.
The High Courts are given power to make any order etc; to stop abuse of legal proceedings or in interest of justice.
The first hearing of the case are done lower courts .Any person aggrieved with their decision can appeal against their judgment to Higher Courts. Higher Courts are authorised to change the lower courts judgment
This is not necessary that one can approach Higher courts after the judgment of acquittal or punishment is passed. The Higher courts can be approached before it also if one feels anything against law is going on.
Any person can directly make its complaint of crime to Court. These are called private complaints. Court can hear the complaint and punish the accused. In private complaint complainant has to prove its case and normally has to engage a lawyer at his own cost. While in Police \’ Government case, the case is proved by Prosecuting Agency and cost of lawyer is born by them. Main procedure of court proceeding is almost same.
In case of one complaint to police about non-cognizable offence, police officer directs him to Magistrate. Police can enquire in Non-Cognizable offences only after permission from Magistrate. In these cases police can arrest with warrant only. Other procedure is almost the same.
In many cases Government
also complaints to Magistrates about Non-Cognizable offences. Courts are
empowered to summon and prosecute accused persons. A General example of such
cases is Traffic Challans. Court procedures are almost same as in other
type of criminal cases.
There are many matter in ordinary life which are not crime and relates to private relations amongst citizen etc; These are covered under Civil Law.
Civil Courts are established for the adjudications of civil matters in normal practice Criminal Courts are also given powers of civil courts. . The procedure use by Civil Courts is described in Code of Civil Procedure. Matters relating to it are to be proved according to Indian Evidence Act.
There must be a subject matter, opposing parties and relief claimed in a civil case. For a civil case normally one has to engage a lawyer. He has to pay court fee also.
The civil case is instituted in Civil Courts in writing with sufficiently stamped paper as fee. If any law does not bar such suit the court can admit it.
Then court issue summons to opposing (defendant) party. The defendant gives a written reply in its defence dealing with each allegation and stating whether he admitted or denied.
Next important part of civil case is called discovery. Both parties are entitled to know about the case from each other and to obtain admissions regarding matters related to case.
After that court frames issues relating to case and are to be decided by court
Both parties then produce evidence in their favour. Defendant produces its evidence after the party, which instituted the case. Both parties’ then give necessary arguments regarding the case.
After the completion of above stages courts pronounce its judgment. It can dismiss the suit or accept the plea and give relief.
Successful parties are issued Decrees in its favour and last stage is Execution. In which courts judgment is implemented. .
It is the duty of police to register FIR OF every cognizable offence. But Indian Police is not so dutiful. Registering an FIR MEANS Big work to catch the offender its. Prosecution etc If they fail to catch the offender, then also they are also answerable and responsible under law, many times Police is in hand and gloves with criminals and instead of law they want to protect criminals. So usually Indian police avoid registering an FIR.
Our Law has made many provisions so to get an FIR REGISTERED. One can send its complaint in writing by post to district Superintendent of Police or any other senior Police Officer They can order registration of FIR
Courts are also authorised to order, police to register FIR The complainant has to apply in Court for this order. Courts on their own will can also order to register FIR. Courts of magistrate to Supreme Court is authorised to give this order.
One more practical method is to write and meet our political leaders whether they are in ruling party or opposition party they all help the people. This method is proved very convenient and successful to people and most of time it works also.
Normal traffic laws are well known to all the people. Here I am telling only some basic POINT OF Law to avoid undue harassment by police.
1. Police is not authorized to fine any traffic law violator it is only authorised to compound the offence. Compounding the offence means they can collect fine from you on behalf of court. If you are not satisfied you can ask for court challan, police is bound to give such court challan. It can keep [impound] your driving licence as security. This impounding of driving licence is endorsed on your copy and that copy of challan works as your driving licence.
2. Traffic police /any other authority under law can impound a private vehicle if it satisfied two conditions one it has no registration certificate second driver has no driving licence, if you have no registration certificate you can show that within ten days .you can give any time between these ten days to officer demanding to see your certificate of registration. If you have not your driving licence [but certificate of registration is with you] police cannot impound you private vehicle.
Private vehicle means as vehicle, which is not registered as commercial vehicle. .
3. If your vehicle is involved in any accident. Police can inspect your vehicle and remove it from you place. Police is lawfully duty bound to return your vehicle within 24 hours.
The motor vehicle act 1988 contains all these provisions mentioned.
MANY times a common man comes in the trap of law for many reasons. Bail is required to get released from custody.
The bail is a surety amount to release a person from custody. If a person released on bail did not present himself before police, court or any other lawful authority as and when required. The person who has give the bail has to pay amount of surety to government.
Normally bail is given by second person and no cash amount is given at the time of bail in rare condition person give his own bail.
Some time when person cannot give his own bail and no other second person is available for bail. The surety amount of bail can be given in cash also.
Any person accused of any offence
is a competent witness for him. He can give witness in his favour, which is
admissible in law. Accused has to apply to court for becoming witness in his
favour.
NO COMPULSION TO
GIVE EVIDENCE AGAINST ITSELF:
No person can be compelled for being witness against himself. Though he himself may voluntarily give such evidence.
NO VALUE IN LAW
OF CONFESSION BEFORE POLICE:
Indian Law does not accept any confession of offence before Police. Only a confession made before Court is admissible in law.
If you wanted to contest any criminal complaint/case against you in Court you have to obtain bail from Court. A common man mostly comes in grip of bailable offences. The Courts without any hesitation grants bails in these cases.
Please also see matter given in BAILS in this chapter for further information about bails.
THERE ARE LAW
MANIPULATORS – NOT OWNERS OF LAW:
MANY times we see persons using law in unlawful manner to harass or even for extortion. They used law illegally for there personal gains. They show themselves as owner of law.
They are actually using some practical Deficiencies of law or lack of common man’s knowledge.
Remember they are manipulators of law. They are not owners. Same law can book them.